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Judgment Search Results Home  Phrase:code of civil procedure 1908 rule 1

Aug 16 2002

The Government of Goa through its Chief Secretary, Secretariat and The ...

  • Decided on : 16-Aug-2002

Court : Mumbai

Reported in : 2003(2)BomCR434; (2003)1BOMLR266; 2003(1)MhLj703

... as under:- '53. Code of Civil Procedure to apply to proceedings before Court.- Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings before the Court under this Act.' 15. According to the learned Counsel, the provision of Order XXI, Rule 1 of the Code of Civil Procedure cannot come in ... that Section 53 of the Land Acquisition Act would clearly prohibit the Petitioners from invoking the Order XXI, Rule 1 proviso of the Code of Civil Procedure, 1908, is concerned, the said contention cannot also be sustained because there is no inconsistency as far as Order XXI, Rule 1 proviso and the provisions of Sections 28 and 34 are concerned. In fact, the observations of the ... before the date of such expiry.' 9. Apart from the above, the learned Addl. Advocate General also pointed out the provisions of Order XXI, Rule 1 of the Code of Civil Procedure, 1908, wherein the relevant portion reads as under:- '1. Modes of paying money payable under a decree shall be paid as follows, namely:- (a)... ... ... ... (b) out of Court, to the decree-holder ... to them. The contention of the learned Counsel for the Respondents is that the provisions of Order XXI, Rule 1 proviso of Code of Civil Procedure 1908 cannot at all come to the rescue of the Petitioner inasmuch as the Land Acquisition Act, 1894 was a code in itself and Section 28 of the Land Acquisition Act makes it abundantly clear that the amount ...

Oct 06 1999

Govind Gulabrao More and others Vs. Laxman Sahebrao More and others

  • Decided on : 06-Oct-1999

Court : Mumbai

Reported in : 1999(4)ALLMR543; 2000(1)BomCR604; (2000)1BOMLR324; 2000(1)MhLj310

... provisions of Order XXIII, Rule 1 of Civil Procedure Code, 1908.9. I have heard Ms. Mutalik, appearing for petitioners for quite some time. I have also perused the proceedings, and I find force in the submissions of Ms. Mutalik. Order XXIII, Rule 1 of Civil Procedure Code, 1908 deals with the withdrawal of suit or abandonment of part of claim. Clause (3) of Rule 1 of Order XXIII states ... Pune, below Exhibit 15 in Regular Civil Appeal No. 320 of 1982. By the impugned order, the learned VI Additional District Judge, Pune allowed the said application of the original plaintiffs/present respondent Nos. 1 and 2, and granted permission to them to withdraw the suit under Order XXIII, Rule 1 of the Civil Procedure Code, 1908, during the pendency of the Appeal ... Rule 1 of the Civil Procedure Code, 1908, during the pendency of the Appeal with liberty to institute fresh suit in respect of the subject matter on the same cause of action.2. Few facts which are required to be stated to appreciate the controversy, are as follows:Present respondent Nos. 1 and 2 namely Laxman Sahebrao More and Gorakh Sahebrao More filed Regular Civil ... 1 and 2, and granted permission to them to withdraw the suit under Order XXIII, Rule 1 of the Civil Procedure Code, 1908, during the pendency of the Appeal with liberty to institute fresh suit in respect of the subject matter on the same cause of action.2. Few facts which are required to be stated to appreciate the controversy, are as follows:Present respondent Nos. 1 ...

Apr 04 2014

OPG Energy Pvt. Ltd. Vs. GAIL INDIA Limited

  • Decided on : 04-Apr-2014

Court : Chennai

... Order XXXVI Rule 1 of Original Side Rules read with Order 41 Rule 22 of the Civil Procedure Code, 1908, against the order dated 6.12.2013, made in O.A.No.987of 2011. Prayer in Cross Objection No.22 of 2014 in O.S.A.No.44 of 2014: Cross Appeal filed under Order XXXVI Rule 1 of Original Side Rules read with Order 41 Rule 22 of the Civil Procedure Code, 1908, against the ... Order XXXVI Rule 1 of Original Side Rules read with Order 41 Rule 22 of the Civil Procedure Code, 1908, against the order dated 6.12.2013, made in O.A.No.934 of 2011. Prayer in Cross Objection No.27 of 2014 in O.S.A.No.31 of 2014: Cross Appeal filed under Order XXXVI Rule 1 of Original Side Rules read with Order 41 Rule 22 of the Civil Procedure Code, 1908, against ... Order XXXVI Rule 1 of Original Side Rules read with Order 41 Rule 22 of the Civil Procedure Code, 1908, against the order dated 6.12.2013, made in O.A.No.932 of 2011. Prayer in Cross Objection No.28 of 2014 in O.S.A.No.32 of 2014: Cross Appeal filed under Order XXXVI Rule 1 of Original Side Rules read with Order 41 Rule 22 of the Civil Procedure Code, 1908, against ... Order XXXVI Rule 1 of Original Side Rules read with Order 41 Rule 22 of the Civil Procedure Code, 1908, against the order dated 6.12.2013, made in O.A.No.937 of 2011. Prayer in Cross Objection No.29 of 2014 in O.S.A.No.33 of 2014: Cross Appeal filed under Order XXXVI Rule 1 of Original Side Rules read with Order 41 Rule 22 of the Civil Procedure Code, 1908, against ...

Jan 24 1991

Prakash Kaur Vs. S. Mohan Singh and Ors.

  • Decided on : 24-Jan-1991

Court : Delhi

Reported in : I(1991)BC370; 43(1991)DLT621

... prayer of counsel for the petitioner, I allow that application to be treated as an application under Order 1, Rule 10 of the Civil Procedure Code, 1908 for impleading Shri Ajit Singh, as defendant No. 5. However, for impleading defendant No. 5 under Order 1, Rule 10 of the Civil Procedure Code, 1908 it would be necessary to find out whether the presence of Sh Ajit Singh as defendant No. ... Order 1, Rule 10 of the Civil Procedure Code, 1908 can be treated as an application for impleading original plaintiff No. 2 as defendant No. 5 in the proposed amended plaint instead of transposing him as defendant No. 5. (4) On the oral prayer of counsel for the petitioner, I allow that application to be treated as an application under Order 1, Rule 10 of the Civil Procedure Code, 1908 ... Rule 10 of the Civil Procedure Code, 1908 shall be considered afresh and disposed of in accordance with the law. The order passed by this court dated 7.12.1989 shall not stand in the way of the trial Court in taking a fresh decision in accordance with law on both the applications, ie..amendment application and the application under Order 1, Rule 10 of the Civil Procedure Code, 1908. ( ... stand in the way of the trial Court in taking a fresh decision in accordance with law on both the applications, ie..amendment application and the application under Order 1, Rule 10 of the Civil Procedure Code, 1908. (6) In the light of the above the civil revision stands disposed. No costs. (7) The trial Court record be sent back ...

Jun 24 1998

Alkali Manufacturers' Vs. American Natural Soda Ash

  • Decided on : 24-Jun-1998

Court : Monopolies and Restrictive Trade Practices Commission (MRTPC)

... Rule 4 of the Code of Civil Procedure, 1908, is not available to respondent No. 1 or other respondents as nothing has been established that the complainant had made any false averments in the Commission leading to the injunction orders already referred to above. The second proviso to Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908, cannot be invoked by lespondent No. 1 ... proviso to Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908) or that there has been change in the circumstances (second proviso to Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908).19. A perusal of the application of respondent No, 1 dated October 13, ... Code of Civil Procedure, 1908, will apply. In particular, Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908, will apply. For such application, it is necessary for the Commission to be satisfied that the opposite party namely the complainant has knowingly made a false or misleading statement in the Commission before the injunction orders were passed (first proviso to Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908 ... Civil Procedure, 1908, is not available to respondent No. 1 or other respondents as nothing has been established that the complainant had made any false averments in the Commission leading to the injunction orders already referred to above. The second proviso to Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908, cannot be invoked by lespondent No. 1 as an opportunity has already been given to respondent No. 1 ...

May 20 1963

Mata Prasad Vs. Dewakar Bharti and Ors.

  • Decided on : 20-May-1963

Court : Allahabad

Reported in : AIR1964All228

... the provisions of the Code of Civil Procedure, 1908, would apply to proceedings under the said Act. In view of this provision of law the provisions of Order XX, Rule 1 of the Code of Civil Procedure, 1908, would apply to the present case as well. Order XX, Rule 1 of the Code of Civil Procedure runs as follows: ... Act only on the ground specified in Section 100 of the Code of Civil Procedure from any final order passed in an appeal in the cases referred to therein. Under Section 100 of the Code of Civil Procedure a second appeal is maintainable only on the ground that ... Code of Civil Procedure a second appeal is maintainable only on the ground that the decision of the first appellate court is contrary to law or to some usage having the force of law, or has failed to determine some material issue of law or usage having the force of law or suffers from a substantial error or defect in the procedure ... Civil Procedure a second appeal is maintainable only on the ground that the decision of the first appellate court is contrary to law or to some usage having the force of law, or has failed to determine some material issue of law or usage having the force of law or suffers from a substantial error or defect in the procedure provided by the Code ... that ground, there does not appear to be any point of law involved in the case under Section 100 of the Code of Civil Procedure. This case no doubt dealt with a contrary situation. The general principle laid down in this case would, however, equally ...

Aug 23 2006

Rahul Jain and Anr. Vs. Shri Pradeep Kumar and Ors.

  • Decided on : 23-Aug-2006

Court : Delhi

Reported in : 138(2007)DLT329; 2007(94)DRJ89

... Rule 1 of the Code of Civil Procedure, 1908 seeking review of the order dated 20th April, 2004. It is contended that the civil rule which was filed by Shri Rahul Jain and Shri Surender Kumar, though validly filed was rendered incompetent on account of the death of Shri Surender Kumar and as such the application filed by them under Section 92 of the Code of Civil Procedure, 1908 ... relates to the date on which leave is granted and the suit is registered in accordance with Order 4 Rule 2 of the Code of Civil Procedure, 1908. The institution of a suit is effected under the provisions of Order 6 Rule 1 of the Code of Civil Procedure, 1908. On these submissions, it has been contended that the order dated 20th April, 2004 is contrary to law ... under Order 1, Rule 10 of the Code of Civil Procedure, 1908. Undoubtedly, the two persons who make the application must have a substantial interest in the affairs of the trust when the application is filed and continue to do so when the application is taken up for consideration. This court had held that the provisions of Order 22 of the Code of Civil Procedure, 1908 were ... Uday Shankar Triyar v. Ram Kalewar Prasad Singh and Anr. it is contended that non-compliance with the procedural requirement would not defeat the ends of substantial justice. Reliance is also placed on the application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 filed by the plaintiff on 18th August, 2004 which application being is No. 6040/2004 is pending ...

Jul 30 2014

Building Design Partnership Ltd. Vs. Kolkata West International City P ...

  • Decided on : 30-Jul-2014

Court : Kolkata

... barred. He refers to Section 12 of the Code of Civil Procedure, 1908. He submits that, the principle of a new suit being barred emanates from Section 12 of the Code of Civil Procedure, 1908. He refers to Order 2 Rule 2 of the Code of Civil Procedure, 1908 and Order 23 Rule 1. He submits that Order 23 Rule 1 of the Code of Civil Procedure does not apply since a new suit is ... of the plaint has to be followed mandatorily. He refers to Order 7 Rule 10 of the Code of Civil Procedure as well as Order 7 Rule 13, Order 23 Rule 1(3) of the Code of Civil Procedure, 1908 and submits that since the plaint was returned under Order 7 Rule 10 of the Code of Civil Procedure, 1908, the same plaint was required to be presented before this Hon ... and therefore the bar under Order 2 Rule 2 of the Code of Civil Procedure does not apply. Mr.Bachawat, learned Advocate for the defendant no.1 submits that the suit may not be barred under Order 2 Rule 2 of the Code of Civil Procedure but barred under the provisions of the Order 23 Rule 1 of the Code of Civil Procedure, 1908. He submits that, the plaintiff has ... Civil Procedure as well as Order 7 Rule 13, Order 23 Rule 1(3) of the Code of Civil Procedure, 1908 and submits that since the plaint was returned under Order 7 Rule 10 of the Code of Civil Procedure, 1908, the same plaint was required to be presented before this Hon ble Court by the plaintiff. Not having presented the same plaint while the plaintiff obtained return of the plaint under Order 7 Rule ...

Aug 04 1997

Challa Venkata Subbayya Vs. Union Bank of India

  • Decided on : 04-Aug-1997

Court : Andhra Pradesh

Reported in : 1998(1)ALT749; [1998]94CompCas803(AP)

... Order 21, rule 1 of the Civil Procedure Code, 1908, the respondent is not entitled to appropriate the amounts paid by the petitioner towards interest at the first instance and that the said amounts shall be appropriated towards the principal amount at the first instance with effect from February 1, 1977, when the amendment was effected to Order 21, rule 1 of the Civil Procedure Code, 1908. But this ... to Order 21, rule 1 of the Civil Procedure Code, 1908. It is seen from a perusal of the judgment of the lower court that the learned Subordinate Judge has categorically observed after perusing the calculation memo filed by the respondent that the amount paid by the petitioner was correctly appropriated as per the provisions of Order 21, rule 1 of the Civil Procedure Code, 1908. In ... dues in the manner he likes. Their Lordships also referred in their judgment to the amended sub-rule (2) of Order 21, rule 1 of the Civil Procedure Code, 1908, and observed as follows regarding the effect of such amended provisions (page 1574) : 'The amended sub-rule (2) removes the doubt if there was any that the judgment-debtor is not absolved of ... Supreme Court in the said decision after referring to the above cited earlier decision, that in the absence of any intimation as required by sub-rule (2) of Order 21, rule 1 of the Civil Procedure Code, 1908, and indication of the manner of appropriation, the payment could not be deemed to have been appropriated towards the principal unless the decree-holder ...

Apr 03 2009

Raj Kumar Somani Vs. Ram Dulani Mittal

  • Decided on : 03-Apr-2009

Court : Kolkata

Reported in : AIR2009Cal198

... to hear a matter de novo, since that would amount to committing a jurisdictional error. The procedural law for review is provided under Order XLVII of the Code of Civil Procedure, 1908. Rule 1 under Order XLVII of the Code of Civil Procedure, 1908 provides as follows:Rule 1 under Order XLVIIApplication for review of judgment:(1) Any person considering himself aggrieved:(a) by a decree or order from which an appeal ... of the order dated 26th June, 2008. Further, Ground IV also cannot be said to fall within the definition of 'sufficient reason' as contemplated under Sub-rule (1) of Rule 1 of Order XLVII of the Code of Civil Procedure 1908. With regard to ground V, this Court is of the opinion that the revisional application, being CO. 3009 of 2006, was disposed of on merits, ... the review.11. Section 114 of the Code of Civil Procedure, 1908 is the enabling provision for instituting an application for 'Review' before a Court of Civil Judicature. Section 114 provides as follows:114. Review - Subject as aforesaid, any person considering himself aggrieved:(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has ... before a Court of Civil Judicature. Section 114 provides as follows:114. Review - Subject as aforesaid, any person considering himself aggrieved:(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,(b) by a decree or order from which no appeal is allowed by this Code,or(c) by ...

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